NH Construction Law
MARCH 28, 2024
It is generally recognized by New Hampshire courts that “[f]ailure to comply with the specific statutory provisions of perfecting a mechanics lien is usually fatal,” Alex Builders & Sons, Inc. Danley , 161 N.H. 19, 23 (2010). Bostwick , 69 N.H. But rarely are such amounts updated in 30-day intervals.
NH Construction Law
MARCH 26, 2023
When a general contractor or lower tier subcontractor or supplier records a mechanic’s lien attachment on property, security for the lienor’s hoped-for judgment is achieved – but often something more, and perhaps unintended, is achieved. Consolidated Electrical Distributors Inc. Eclipse Construction, Inc. ;
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NH Construction Law
FEBRUARY 29, 2020
The requirement in RSA 447:9 that a mechanic’s lien must be secured within 120 days of the lienor’s last furnishing of labor or materials has occasionally spawned disputes over what counts as that last day. ’ Work of that nature could be found not to be such as to extend the duration of plaintiff’s lien.”
NH Construction Law
OCTOBER 7, 2018
Suppose the contractor applied for and got a mechanic’s lien attachment on an ex parte basis in the full amount of his claims (unpaid balance, interest and anticipated attorneys’ fees). If the owner then files an objection to the lien and asks for a hearing, what will be grounds for the judge to reduce or eliminate the lien?
NH Construction Law
MAY 24, 2022
Nine of the eleven circuit courts of appeal, including the First Circuit which embraces New Hampshire, had said yes. Morgan ’s definition of waiver – “the intentional relinquishment or abandonment of a known right” – is identical to New Hampshire’s. Sundance, Inc. 2022 WL 1611788 (U.S.,
NH Construction Law
FEBRUARY 25, 2023
New Hampshire Savings Bank , 131 N.H. Worse, the contractor or one of its unpaid subcontractors could place a mechanic’s lien on the property – which is sure to result in a breach of the owner/borrower’s loan agreement! ” And such a voluntary undertaking is exceedingly rare.
NH Construction Law
OCTOBER 22, 2023
It happens this way: A contractor or subcontractor borrows money from a lender, and as security for the loan it gives the lender an assignment of or lien on its receivables and contract rights. ” Thus far New Hampshire has enacted no such protective law for homeowners. (A
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